Board of Commissioners Meetings

98 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 12, 2022 A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, July 12, 2022, at 3:00 p.m., prevailing time, in the third floor Assembly Room of the Municipal Center, 222 First Street, Henderson, Kentucky, designated as the primary location for this video teleconference meeting allowed under KRS 61.826. MAYOR AUSTIN led the recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Austin P. Vowels (Via Zoom Panelist) Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton (Via Zoom Panelist) ABSENT Commissioner Rodney Thomas ALSO PRESENT: Mr. William L. “Buzzy” Newman, Jr., City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resource Director Mr. Trace Stevens, Parks Recreation & Cemetery Director Mr. Brian Williams, Public Works Director Mr. Greg Nunn, Information Technology Director Mr. Steve Davis, Code Administrator Mr. Cory Fischbeck, Assistant Information Technology Director Mrs. Donna Madden, Administrative Secretary Ms. Tammy Willett-Speaks, Community Development Specialist Mr. Victor Carson, IT Network Administrator Mr. Travis Owens, IT Programmer/Analyst Mr. Zack Harmon, IT Intern Mr. Brad Bickett, Henderson Municipal Power & Light General Manager Mr. Tom Williams, Henderson Water Utility General Manager Mr. Bart Boles, Henderson Water Utility Project Engineer Mr. Chip Sutherland, Baird Managing Director Mr. Mark Franklin, Partner, Dinsmore & Shohl LLP (Via Zoom Panelist) Mr. Dwight Williams, Commissioner Candidate Mr. William Johnson Mr. Jamie Conrad Mr. William Litsey Mr. Marty Wilson, Police Officer ________________________ RECOGNITION OF VISITORS: WILLIAM JOHNSON reported that he has contacted the Small Business Administration relating to the need of a convention center/event center in Henderson. He requested a letter of support for his grant application project. ________________________ WILLIAM LITSEY indicated that he had moved to town a few years ago and has noticed that Henderson is primarily designed for vehicles and not friendly to bike riders. He asked that the City look at prioritizing other types of transportation. ________________________  99 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 12, 2022 JAMIE CONRAD updated the Board on his issues with the HART bus system employees and requested that wheelchairs be included in the bike lanes and that sidewalks be built to the WalMart. ________________________ PUBLIC HEARING: “Proposed Electric Rate Adjustments” MAYOR AUSTIN declared the Public Hearing on the proposed power cost adjustment of electric rates to order at approximately 3:35 p.m. BRAD BICKETT, Henderson Municipal Power & Light General Manager, gave a brief presentation on the proposed rate adjustments. DISCUSSION WAS HELD relating to the reasoning for this requested change; reserve dollars required to stay in compliance with financial standard; and the future plans for acquiring power. MAYOR AUSTIN asked if there were any questions or comments from the public. WITH NO FURTHER COMMENTS OR QUESTIONS, Mayor Austin declared the public hearing closed at approximately 4:15 p.m. . ________________________ APPROVAL OF CONSENT AGENDA: MAYOR AUSTIN asked the City Clerk to read the Consent Agenda. Minutes: August 10, 2021, Regular Meeting August 17, 2021, Work Session Resolutions: 26-22: Resolution Authorizing the Submission of the 2022-2023 CDBG Action Plan to the United States Department of Housing and Urban Development 27-22: Resolution Increasing Salary of City Manager by Two Percent 2% Effective July 1, 2022 Municipal Order: 50-22: Municipal Order Authorizing Purchase of a TYMCO 600 Regenerative Air Street Sweeper from Stringfellow Inc. of Louisville, Kentucky, at the State Price Contract in the Amount of $302,483.60 MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to approve the items on the Consent Agenda as presented. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the consent agenda items approved. /s/ Steve Austin Steve Austin, Mayor ATTEST: July 12, 2022 Maree Collins, CKMC, City Clerk ________________________ 100 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 12, 2022 ORDINANCE NO. 17-22: FIRST READ AN ORDINANCE OF THE CITY OF HENDERSON, KENTUCKY AUTHORIZING THE ISSUANCE OF CITY OF HENDERSON, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2022A IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000.00 FOR THE PURPOSES OF (A) FINANCING THE COSTS OF ACQUISITION, CONSTRUCTION, INSTALLATION, AND EQUIPPING OF NEW IMPROVEMENTS AND ADDITIONS TO THE CITY’S MUNICIPAL WATER, SANITARY SEWER, AND STORM SEWER SYSTEM, (B) PAYING COSTS OF CREDIT ENHANCEMENT, IF ANY, AND (C) PAYING THE COSTS OF ISSUANCE OF THE BONDS; APPROVING THE FORMS OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF A NOTICE OR NOTICES WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; ESTABLISHING BOND PAYMENT FUNDS FOR THE BONDS; AFFIRMING THE EXISTING SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BID OF THE PURCHASER FOR THE BONDS; AND REPEALING INCONSISTENT ORDINANCES. MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, that the ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Abstain: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ ORDINANCE NO. 18-22: FIRST READ ORDINANCE ADOPTING POWER COST ADJUSTMENT (PCA) RATE SCHEDULE FOR ELECTRIC RATES AND SERVICE AN ORDINANCE APPROVING AND ADOPTING A POWER COST ADJUSTMENT (PCA) RATE SCHEDULE FOR ELECTRIC POWER AND ENERGY FURNISHED BY HENDERSON MUNICIPAL POWER & LIGHT TO ITS CUSTOMERS AND CONSUMERS MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be adopted. DISCUSSION WAS HELD relating to changing the effective date from September 1st to October 1, 2022. MOTION by Commissioner Staton, seconded by Commissioner Vowels, that the ordinance be amended to have the effective date changed from September 1st to October 1, 2022. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Nay: Commissioner Staton ----- Aye: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: The vote was called. On roll call, the vote stood:  101 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 12, 2022 Commissioner Vowels --- Aye: Commissioner Pruitt ----- Nay: Commissioner Staton ----- Aye: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. ________________________ CITY MANAGER’S REPORT: “ GREG NUNN, Information Technology Director, introduced Intern ZACK HARMON to give a brief demonstration of the new City Web App that he designed for use on smart devices. Zack indicated that he had lots of support from Travis and Cory on this project and once the presentation was completed, the Board gave unanimous approval to move forward with the web app project. ________________________ CORY FISCHBECK, Assistant Information Technology Director, requested permission to officially submit application to change the City’s domain name from .org to .gov and recommended submitting a request for exemption for the hky.gov domain name. The .org domain will be maintained for the foreseeable future in order to not disrupt the flow of automated emails that are received/sent. MOTION by Commissioner Staton, seconded by Commissioner Pruitt to allow submittal of a request for a .gov domain. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: ________________________ UNFINISHED BUSINESS: MAYOR AUSTIN requested that the City Manager and HMPL General Manager discuss setting up a joint meeting in the near future. ________________________ COMMISSIONER’S REPORTS: COMMISSIONER STATON requested that Kenny Garrett, Emergency Management Director, come to a future meeting to report on the progress of setting up cooling centers. ________________________ COMMISSIONER PRUITT asked if Tom Williams was still present to answer questions on when the water project may be completed on Fagan so that the street could be paved. City Manager Newman indicated that he would check on the progress of that project. ________________________ EXECUTIVE SESSION: “Real Property” MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the Board of Commissioners go into Executive Session pursuant to the provisions of KRS 61.810(1)(b) for the 102 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 12, 2022 purpose of deliberation of the proposed purchase of property in the vicinity of U.S. Highway 41N, U.S. Highway 60E and Barrett Boulevard. The vote was called. On roll call, the vote stood. Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: ________________________ MEETING RECONVENED: Motion by Commissioner Staton, seconded by Commissioner Vowels, the Board of Commissioners reconvened into regular session. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin reconvened the Board into regular session. ________________________ MUNICIPAL ORDER: 51-22: MUNICIPAL ORDER AUTHORIZING SALES AND PURCHASE CONTRACT BETWEEN THE CITY OF HENDERSON (BUYER) AND CLARK MERRILL AND CYNTHIA MERRILL AND FRANCES M. O’SULLIVAN (SELLERS) FOR THE PURCHASE OF 132.286 ACRES OF REAL ESTATE, MORE OR LESS, FOR THE SUM OF $1,550,075.00 IN CASH TO BE USED FOR ECONOMIC DEVELOPMENT; AND AUTHORIZING MAYOR TO EXECUTE CONTRACT ON BEHALF OF THE CITY; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO TAKE ALL OTHER ACTION AND EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECTUATE THE PURCHASE OF THE AFORESAID PROPERTY MOTION by Commissioner Pruitt, seconded by Commissioner Staton, to approve the Sales and Purchase Contract between the City and Clark Merrill and Cynthia Merrill and Frances M. O’Sullivan for the purchase of 132.286± acres for $1,550,075.00, cash, to be used for economic development. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: July 12, 2022 Maree Collins, CKMC, City Clerk ________________________  103 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Regular Meeting on July 12, 2022 MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Pruitt ----- Aye: Commissioner Staton ----- Aye: Commissioner Thomas --- Absent: Mayor Austin ------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 5:05 p.m. ___________________________ ATTEST: Steve Austin, Mayor December 13, 2022 ______________________ Maree Collins, CKMC City Clerk